mbt laarzen China's Civil Code and the personality

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China's Civil Code and the personality right expert seminar prepared to discuss tort law review

March 20, 2002, 21, the National People's Congress Law Committee held an expert seminar to discuss the Renmin University of China Research Center by the Civil and Commercial Law Committee of the NPC Standing Committee entrusted with the drafting of the Personal Right Code Meeting room by the Director of Civil Law Committee of NPC Standing Committee Wang Shengming and the Chinese People's University Law School, Civil and Commercial Law hosted Professor Wang Liming, director of scientific research. Attended by the Chinese People's University Law School Professor Yang Lixin, Yao H Associate Professor,[link widoczny dla zalogowanych], China University of Politics Professor Jiang Ping, Professor Wang Weiguo, Professor Wei Zhenying Peking University, Professor Wang Yifu, Tsinghua University, Professor Wang Baoshu, CASS Institute of Law Professor Zhang Xinbao, in Min, Associate Professor, Yantai University, Professor Guo Mingrui, the Housing Shaokun Associate Professor, Jilin University, Associate Professor Cai Lidong, Zhongnan University of Economics Professor Wu Handong, former vice president of Supreme People's Court Professor Tang Dehua, Vice-President Li Fan, Yang Yongqing judges, Jie Chen is now a judge, Judge Yao Baohua , Yangming Gang Prosecutor, Supreme People's Procuratorate of Tianjin Higher People's Court of Professor Wang Baofa, the Law Committee of retired senior officials of Professor Wei Yaorong.

meeting that the formulation of the Ninth National People's Congress of China attaches great importance to the Civil Code, Chairman Li Peng repeatedly mentioned the work of the Civil Code to expedite the formulation step. Since the founding of the Civil Code was drafted several times, are not complete. The work of the Civil Code will be drafted important that the agenda of the legislature to speed up the pace tight and difficult, especially in the community or in a transition period, and many do not realize the problem clearly provide for some of the problems Civil Code, there may be a certain brand of the times, there is not enough studied civil law system, much more difficult. However, after several years of preparation, formulation of the conditions of the Civil Code is basically mature. This mainly is: first, the needs of society, after a decade of economic reform, China initially established a market economic system, has joined the WTO, social development, development of a complete civil code needed. Second, the government has issued a Code has been the backbone, and this is the best basis for development of the Civil Code. Third, experts and scholars have done a lot of theoretical preparation, monographs, on the rich, the civil law system has a more in-depth study, with a solid theoretical basis. Therefore, the Chinese Civil Code is now ready to come out.

meeting Renmin University of China Civil and Commercial Law Research Center's draft Meanwhile, It was suggested that the drafters of the opinions of experts based on changes, the formation of a more complete

First, tort law on the Civil Code of the style and general questions

(a) of the Civil Code on tort law in the status of

Most experts believe that development of the Civil Code, tort law should be treated as a separate compilation. In this view, this approach is not the traditional style of civil law, but the development of the Civil Code, if the debt is still the law on tort law, does something wrong. The reasons are: First, the tort law of the debt law, the individual is greater than common, tort liability has been greatly enriched, some rules of the law of obligations can not be applied to tort law; the same time, the contents of tort law also greatly rich, debt law also can not afford the original system; Which tort law should be compiled as a separate one. Second, tort law is a right to protection of law. The system is based on the Civil Code to establish and protect the rights center, sub-arranged is to build the nature of rights, which tort law should be placed under sub-rule the rights. Since tort law is to protect the rights of a legal, as long as a legitimate right to be protected by tort law, which is the cause of tort law developed. Third, tort law is to determine the rules of the referee is the referee method. Some foreign scholars, the civil law of tort law why the content is simple, the principle is to solve the problem of judges, other judges of the application to resolve, creating a civil tort law,[link widoczny dla zalogowanych], case law developed phenomenon. On China's reality, tort law rights and interests first is remedial, and not by the judge as judge, but to make provision by law; new issues of tort law more and more, for what is responsibility principle, have What Elements, etc., are not a standard, which is attributable to the performance of the principle of diversification, diversification defenses. If left to judges to resolve these problems, there is a problem, but also a judge of the quality of the problem. Therefore, to accept the experience of common law, tort law should specify, to make it more practical. Fourth, tort law is the law of responsibility is not entirely Compensation Act. At present there have been massive violations against the right of personality, more responsibility for forms not compensation, but added a new form of liability,[link widoczny dla zalogowanych], not all of these forms of debt. Therefore, in favor of

Some experts believe that the tort law provides a separate series, is creative, but should also consider doing so is not appropriate. In the After ten years of practice, also proved beneficial. Code violations are a separate series, then, how do breach of contract? Therefore, you can also consider in accordance with the

third view, the provisions of civil law on the tort law of obligations series, makes sense, is to consider the consequences of the debt of the nature of violations, so , claims on the law of tort law, also still should be considered.

(b) of the Code of style on the issue of tort law

1. Style series of tort law tort law

compiled on the preparation of the style, the experts made a lot of opinions. The main advice is:

first one, in favor of chapters as tort liability, the fourth chapter damages. However, experts also pointed out that this style also has some problems, that is,[link widoczny dla zalogowanych], out of touch behavior and responsibility, in some detail, repetition, there are some logical problems. Therefore proposed or four chapters, Chapters II and III switching your position, the first requirement violations, and then after the establishment of specific types of violations.

second view, tort law is best prepared as the two chapters, the first chapter is the general provisions, the provisions of the basic rules of tort law, the second sub-chapter, with specific violations. The first chapter of tort law provisions of the basic issues are clear,[link widoczny dla zalogowanych], including responsibility principle, liability composition, contributory infringement, defenses, tort liability and damage compensation. The provisions of Chapter II to specific violations, the need to provide the type of violations are one by one for clear, easy to apply. This is modeled on the style of the Criminal Code.

third view, consider the compilation of tort law is divided into five chapters, the first chapter is a general rule, the second chapter is the type of violations against the rights and responsibilities, and the third chapter is applicable presumption of fault principles of tort type, the fourth chapter is applicable principles of tort liability without fault types, the last chapter is damages.

fourth view that tort law can be considered to be divided into three large pieces, the first chunk is a major infringement of the examples, are listed in a special, if all the violations are examples, then the provisions of 500 are not enough. Provisions of the second large prospective violations, no more than provide for two cases, one vicarious liability, the legal relationship must exist; the second is to provide for property damage. The third large, provides accountability, what responsibility means of payment of damages and so on.

2. Compiled the content of tort law in the discussion of detail

style of the time series of tort law, tort law is also related to the specific content of what issues should be detailed or brief.

majority of expert opinion is prepared to make every effort to tort law provides greater detail, it's Clean Sweep, easy to grasp, easy to apply, is a Some experts said that tort law should be written Judgement, the People First law violations can be listed on are listed, together with the general provisions of the first one, making the provisions of the times, played Supplements filled the role. This reflects the more populist ideas. The law is very small, not only to understand how to apply to a judge, but also to make people easier to understand, understand the law, will have their own dispute resolution, to

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